Colby v. Dillingham

Massachusetts Supreme Judicial Court

Colby v. Dillingham

7 Mass. 475

CourtMassachusetts Supreme Judicial Court

DecidedJune 15, 1811

StatusPublished

This text of 7 Mass. 475 (Colby v. Dillingham) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colby v. Dillingham, 7 Mass. 475 (Mass. 1811).

Pincite

Opinion

The Court

observed that it was improper to bring a matter, which, if there was any question upon it, was proper for a plea in abatement to the writ, before them in the form of a case stated. But, as the question regarded practice, and they entertained no doubts upon it, they would express their opinion, that Evans, in his [398]*398character of coroner, might well serve the writ. The sheriff was answerable for his conduct as one of his deputies, but not for his doings as a coroner.

Judgment for the plaintiff.

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The Court

observed that it was improper to bring a matter, which, if there was any question upon it, was proper for a plea in abatement to the writ, before them in the form of a case stated. But, as the question regarded practice, and they entertained no doubts upon it, they would express their opinion, that Evans, in his [398]*398character of coroner, might well serve the writ. The sheriff was answerable for his conduct as one of his deputies, but not for his doings as a coroner.

Judgment for the plaintiff.

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Bluebook (online)

7 Mass. 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colby-v-dillingham-mass-1811.